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Bangladesh - Maternity protection - 2011


LAST UPDATE

4 March 2011

Data quantity

NORMAL

SOURCES

An official English text of the Labour Act 2006 had not been published as at the date of this update. The following information relies on two unofficial English translations. To the fullest extent possible, these have been confirmed as identical.

Other source used

A Handbook on the Bangladesh Labour Act 2006, Bangladesh Employers’ Federation August 2009
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Other source used

Labour Act 2006 (XLII of 2006) [Unofficial English Translation]
Unofficial English Version of the Bangladesh Labour Act 2006 (XLII of 2006) in Dhar N and Ahmed N, Dhar on Labour and Industrial Laws of Bangladesh, ReMiSi Publishers, Dhaka, 2007
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MATERNITY LEAVE

The Labour Act 2006 entitles pregnant women to absent herself from work during the 8 weeks leading up to the expected date of delivery and prohibits women from working for a period of 8 weeks following the day of delivery.
Labour Act 2006 - Unofficial English Translation by BEF §§45, 47(3)
Labour Act 2006 - Unofficial English Translation by Dhar §§45, 47(3)

Scope

Subject to the scope of the Labour Act 2006, all pregnant workers are to take maternity leave in accordance with that Act.
Labour Act 2006 - Unofficial English Translation by BEF §§1(4), 45
Labour Act 2006 - Unofficial English Translation by Dhar §§1(4), 45
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Qualifying conditions

A pregnant woman must give oral or written notice of her expected confinement within the 8 weeks preceding the expected date of birth, or give notice of the fact that she has given birth within 7 days of the actual date of birth.
Labour Act 2006 - Unofficial English Translation by BEF §47(1) and (2)
Labour Act 2006 - Unofficial English Translation by Dhar §47(1) and (2)

Duration

A pregnant woman may absent herself from work for up to 8 weeks before the expected day of confinement and is prohibited from working for a period of 8 weeks after the day of delivery.
Labour Act 2006 - Unofficial English Translation by BEF §§45, 47(3)
Labour Act 2006 - Unofficial English Translation by Dhar §§45, 47(3)

Compulsory leave

Employers are prohibited from knowingly employing a woman in his establishment, and women are prohibited from working in any establishment, during the eight weeks immediately following the day of her delivery.
Labour Act 2006 - Unofficial English Translation by BEF §45(1) and (2)
Labour Act 2006 - Unofficial English Translation by Dhar §45(1) and (2)

General total duration

Maternity leave may commence at any time within 8 weeks of the expected day of delivery and must continue for a period of 8 weeks following the day of delivery.
Labour Act 2006 - Unofficial English Translation by BEF §§45, 47(3)
Labour Act 2006 - Unofficial English Translation by Dhar §§45, 47(3)
Historical data (year indicates year of data collection)
  • 2004: Twelve weeks
  • 1998: Twelve weeks
  • 1994: Twelve weeks

Extension

There is no provision made in the Labour Act 2006 for the extension of maternity leave.

Leave in case of illness or complications

No entitlement to leave in the case of illness or complications arising during the pregnancy identified.

RELATED TYPES OF LEAVE

The Labour Act 2006 does not establish entitlements to parental, paternity or adoption leave.

RIGHT TO PART-TIME WORK

The Labour Act 2006 does not establish an entitlement for new parents to work on a part-time basis.

CASH BENEFITS

The Labour Act 2006 provides woman whose work is covered by the Act with an entitlement to up to 16 weeks’ maternity leave pay at their average daily, weekly or monthly wage.
Labour Act 2006 - Unofficial English Translation by BEF Chapter IV
Labour Act 2006 - Unofficial English Translation by Dhar Chapter IV

Maternity leave benefits

The Labour Act 2006 provides for up to 16 weeks of employer-funded maternity benefit.
Labour Act 2006 - Unofficial English Translation by BEF §46
Labour Act 2006 - Unofficial English Translation by Dhar §46

Scope

Subject to the limitations on the application of the Labour Act 2006, the maternity benefit applies to "every woman employed in an establishment".
Labour Act 2006 - Unofficial English Translation by BEF §46(1) and (2)
Labour Act 2006 - Unofficial English Translation by Dhar §46(1) and (2)
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Qualifying conditions

The worker must have worked under the employer for a period of not less than six months immediately preceding the day of her delivery.

The employer is not obliged to pay the maternity benefit until the worker has produced a certificate signed by a registered medical practitioner as to her expected confinement or another form of proof that she has given birth to a child. The proof required shall be either a birth certificate, medical certificate or other proof as may be accepted by the employer.

Further, the maternity benefit shall not be payable to any woman if at the time of her confinement she has two or more surviving children (although she will stil be entitled to the relevant period of leave).
Labour Act 2006 - Unofficial English Translation by BEF §§46(1) and (2), 47(4), 47(5)
Labour Act 2006 - Unofficial English Translation by Dhar §§46(1) and (2), 47(4), 47(5)

Duration

The maternity benefit is payable in respect of the period of leave taken by the worker during the 8 weeks preceding the expected day of delivery and 8 weeks immediately following the day of delivery.
Labour Act 2006 - Unofficial English Translation by BEF §46(1)
Labour Act 2006 - Unofficial English Translation by Dhar §46(1)

Amount

The average daily, weekly or monthly wages received by the worker during the three months immediately preceding the date on which she gives notice under §47 of the Labour Act 2003.
Labour Act 2006 - Unofficial English Translation by BEF §48
Labour Act 2006 - Unofficial English Translation by Dhar §48
Historical data (year indicates year of data collection)
  • 2009: 100 per cent.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Liability for maternity benefits falls to the employer.
Labour Act 2006 - Unofficial English Translation by BEF §46(1)
Labour Act 2006 - Unofficial English Translation by Dhar §46(1)
Historical data (year indicates year of data collection)
  • 2009: Employer.
  • 2004: Employer
  • 1998: Employer
  • 1994: Employer

Parental leave benefits

No provision for parental leave benefits identified.

Paternity leave benefits

No provision for paternity leave benefits identified.

Adoption leave benefits

No provision for adoption leave benefits identified.

MEDICAL BENEFITS

No medical benefit entitlements identified.

BREASTFEEDING

Employers at establishments with forty or more workers must provide and maintain a suitable room or rooms for the use of children under the age of 6 and their mothers. No other breastfeeding-related entitlements identified.
Labour Act 2006 - Unofficial English Translation by BEF §94

Right to nursing breaks or daily reduction of hours of work

No relevant provisions identified.

Nursing facilities

Employers at establishments with forty or more workers must provide and maintain a suitable room or rooms for the use of children under the age of 6 and their mothers. The room shall be be furnished with at least one chair or equivalent seating accommodation for the use of each mother while she is feeding or attending to her child.
Labour Act 2006 - Unofficial English Translation by BEF §94

HEALTH PROTECTION

There is a prohibition on employing women in unsafe or unhealthy work for a period preceding and following the day of delivery. Employers are also required to provide facilities for new mothers and small children.
Labour Act 2006 - Unofficial English Translation by BEF §§45(3), 94

Arrangement of working time

There is a general restriction on women performing nigth work. No other relevant provisions identified.

Night work

No women (whether pregnant, a new mother or otherwise) shall, without her consent, be allowed to work in an establishment between the hours of 10pm and 6am.
Labour Act 2006 - Unofficial English Translation by Dhar §109

Time off for medical examinations

No relevant provisions identified.

Dangerous or unhealthy work

Employers are prohibited from employing any woman for doing work which is of an arduous nature or which involves long hours of standing or which is likely to adversely affect her health if:
(a) he has reason to believe or if she has informed him that she is likely to be delivered of a child within ten weeks;
(b) she has to the knowledge of the employer been delivered of a child within the preceding ten weeks.

An exception applies to tea plantation workers, who may perform light duties if certified fit to do so by the tea estate’s medical practitioner. The performance of such work will not affect the worker’s maternity benefits entitlement.
Labour Act 2006 - Unofficial English Translation by BEF §45(3)
Labour Act 2006 - Unofficial English Translation by Dhar §45(3)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY

The Labour Act preserves a woman’s right to maternity benefits where her employment is terminated within a period of 6 months before her delivery, or 8 weeks after her delivery, and the termination is without sufficient cause. No other relevant provisions identified.
Labour Act 2006 - Unofficial English Translation by BEF §50
Labour Act 2006 - Unofficial English Translation by Dhar §50

Results generated on: 24th October 2014 at 12:20:21.
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